Cooke, Derrick Keith
WR-81,360-01
| Tex. | May 26, 2015Background
- Plea: October 31, 2002, applicant pled guilty to third-degree felony assault causing bodily injury to a family member with one prior conviction, under a plea agreement and deferred adjudication for five years.
- Adjudication: January 3, 2008, court adjudicated guilt, sentenced to three years in prison.
- Enhancement: Hood County case (2007 offense) used applicant’s prior Tarrant County conviction for enhancement.
- Hood County conviction: May 23, 2008, jury convicted; eight-year sentence imposed.
- Current status: applicant discharged Tarrant County sentence March 11, 2013; Hood County sentence to be served until 2018; collateral consequences noted.
- Court’s order: 2015 Texas Court of Criminal Appeals ordered briefing on collateral consequences and merits
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral consequences as jurisdictional question | Cooke claims collateral consequences invoke jurisdiction. | State asserts collateral consequences are not jurisdictional or hinge on merits. | Collateral consequences are jurisdictional; court has jurisdiction to proceed on merits. |
| Whether Cooke’s Tarrant conviction status warrants vacating the sentence | Sentence was illegal due to improper enhancement by New Mexico conviction. | Enhancement valid under then-existing law; not illegal. | Sentence was illegal; conviction should be vacated and remand for new trial. |
| Ineffective assistance for failing to object to New Mexico enhancement | Counsel failed to object to use of out-of-state conviction for enhancement. | Law unsettled; no clearly defined proposition; no deficient performance. | No ineffective assistance; claim denied. |
Key Cases Cited
- Ex parte Graves, 70 S.W.3d 103 (Tex. Crim. App. 2002) (jurisdictional threshold for habeas collateral consequences)
- Ex parte Chandler, 182 S.W.3d 350 (Tex. Crim. App. 2005) (unsettled law; burden on showing deficient performance hinges on clarity)
- Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006) (plea withdrawal when illegal sentence results from negotiated plea)
- Ex parte Parrott, 396 S.W.3d 531 (Tex. Crim. App. 2013) (ineffective assistance standard in non-capital cases; Strickland framework)
- Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014) (statutory interpretation; plain meaning governs absent ambiguity)